Uenuku Charitable Trust

Deed of Mandate

On behalf of Te Korowai o Wainuiārua

(Central Whanganui LNG)

February 2016

Contact Details

Uenuku Charitable Trust

PO BOX 102

Raetihi 4646

06 385 4900

chair@uenuku.iwi.nz

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Uenuku e noho nei

Mai Ruapehu ki Tangaroa e

Nei rā mātou, mauri ora

Ko te iti ko te rahi

E te iwi e

Manganui-a-te-Ao

Ko te Waimarino

Whakawhiti mai rā ki Raetihi

Uenuku e hora nei

Karapoti te whenua o ngā

Tūpuna

Ko te tini ko te mano

Hoki hoki mai rā

I ngā huarahi o te motu e

E huri e huri, ko te pito o te ika

Uenuku, Tamahaki, Tamakana e

Haere mai

Haere mai

Haere mai

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Contents 1. Introduction

2. Background

3. Claimant Definition: Ko Wai Tātou

4. Overlapping Claims

5. Claims Definition (Wai Claims)

6. Charitable Trust Structure

7. Responsibilities and Accountabilities

8. Tribal Registry and Whakapapa Register

9. Treaty Negotiation Structure

10. Mandate Hui

11. Voting Process

12. Dispute Resolution

13. Amendment or Withdrawal of Mandate

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1. Introduction 1.1. UCT is humbled that it has been entrusted by the uri of Tamakana, Tamahaki and Uenuku

ki Manganui-o-te-Ao, nā Tūkaihoro, to enter into negotiations with the Crown to settle

their historical Treaty of Waitangi grievances.

1.2. This draft Deed of Mandate contains information on the process undertaken by the

Uenuku Charitable Trust (UCT) to demonstrate its mandate to negotiate with the Crown for

the comprehensive settlement of all historical Treaty of Waitangi claims, whether or not

registered with the Waitangi Tribunal, that relate to the central Whanganui Large Natural

Group (LNG) named Te Korowai o Wainuiārua (TKoW).

1.3. In 2015, UCT held mandate hui around the country to provide information on the Treaty

settlement process for the claimant community to vote on the resolution:

That Uenuku Charitable Trust is mandated to represent Te Korowai o Wainuiārua in

negotiations with the Crown for the comprehensive settlement of all historical Treaty of

Waitangi claims that relate to Te Korowai o Wainuiārua.

1.4. UCT received a majority of support from the claimant community receiving an 82%

approval rate. The voting process was conducted by the independent elections company

electionz.com. The final declaration of mandate result is appended as Appendix A.

2. Background 2.1. In June 2013, the framework for Treaty settlements in the Whanganui region was agreed at

a meeting between the Whanganui District Collective and the Office of Treaty Settlements

(OTS). The agreed settlement framework includes four LNGs in the Whanganui region.

Following significant work undertaken by many people in the central Whanganui region,

the Minister for Treaty of Waitangi Negotiations recognised the central Whanganui LNG in

August 2014.

2.2. Three tūpuna were identified as unifying the central Whanganui claimant community:

Tamakana, Tamahaki and Uenuku ki Manganui-o-te-Ao, nā Tūkaihoro. The Whakapapa is

illustrated below:

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Figure 1. Whakapapa of Tamakana, Tamahaki, and Uenuku ki Manganui-o-te-Ao, nā Tūkaihoro.

2.3. Tamakana derives his status as a descendant of Whanganui iwi from his mother Ruataupo.

Tamakana lived throughout the central plateau and stretched westwards across Taurewa to

Waimarino, down the Manganui-o-te-Ao valley and at times resided in the Murimotu area

south of Ruapehu, and at other times east of Tongariro near Rotoaira with Ngāti Pouroto.

The founding ancestors of these two Hapū, Pouroto and Tamakana, were first cousins.

2.4. One significant child of Tamatuna and Tauira is Tamahaki. This eponymous ancestor

married Hinetute and from their union came many children and grandchildren, some of

whom later formed Hapū in their own right upon their land. Many centuries have passed

and the Tamahaki people remain, to this day, proud descendants of this ancestor and their

respective Hapū on the lands. The tupuna Tamahaki had many descendants who would

later spread out and reside along the river and its tributaries.

2.5. Uenuku ki Manganui-o-te-Ao, nā Tūkaihoro: Tūkaihoro, a grandson of Tamatuna and Tainui,

Tamatuna’s second wife. They had five children and, over time, many Hapū emerged

through their union. Although not directly descended from Tamahaki, through close

whakapapa and intermarriage these Hapū remained closely linked to Tamahaki Hapū. Prior

to the Native Land Court’s influence to determine the title of ownership to lands, each

Hapū relating to the descendants of Tamatuna through both marriages to Tauira and Tainui

would show respect for each other’s autonomy within their respective cultivations and

kāinga.

2.6. In February 2014, UCT was established following a Hui-ā-Iwi to enable the adequate

provision of services to ensure the economic, social, cultural, and educational development

of the claimant community and to progress the settlement of Treaty claims.

2.7. UCT is committed to working together with Tamahaki to progress the settlement of all

historical Treaty claims as well as in the future to strengthen our people. Our commitment

to working with Tamahaki started with their claim to the Whanganui River. For that

:::::: Tauira (w1)

Hinetute

RangitengaueHinetatua Korokororai

Hinetoke Mirokino

Uenuku

Tuparua

::::::

::::::

Tuwakahaehae

Hineaokupua

Kahukurapane

Te Aomapuhia

Kurawhatia (h2)

Turoa

Hekeawai

Ikahanu (h1) Hinerua

Tainui (w2)

Kohutaka

::::::::::::::::::

Tumanuka

Tukaiora

WHAKAPAPA ILLUSTRATION: TAMAKANA/TAMAHAKI/UENUKU KI MANGANUI O-TE-AO, NA TUKAIHORO

RuataupoTotokia

Tamakana

Tukiriwai

Waikaramihi

:::::: ::::::

:::::: ::::::

:::::: Tukaihoro

Tamahaki

Tamatuna

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purpose, it was agreed that Tamahaki would look after the awa and Uenuku would look

after the maunga. UCT is committed to ensuring that this whanaungatanga is upheld

through the progress of the comprehensive settlement of all historical Treaty claims.

2.8. The central Whanganui LNG has been named Te Korowai o Wainuiārua in order to

appropriately reflect the inclusion of Tamahaki in the LNG. This does not vest ownership of

the name 'Wainuiārua' with Uenuku.

2.9. The 2013 Census does not provide population data for Tamakana, Tamahaki or Uenuku ki

Manganui-o-te-Ao, nā Tūkaihoro. Population from these tūpuna are recorded with other

Whanganui Iwi as Te Āti Haunui-a-Pāpārangi. The 2013 combined population is 11,691. The

UCT register of Tamakana, Tamahaki and Uenuku uri is currently 2,178. The actual

population of Uenuku and Te Korowai o Wainuiārua is undoubtedly larger and UCT is

confident it will develop effective strategies to allow all members of TkoW to register and

be counted.

2.10. In December 2014, a draft Mandate Strategy was publicly advertised for submissions and

UCT met all submitters who wanted to meet. A formal mandate hui and voting process was

conducted in June 2015 where UCT received a majority of support from the claimant

community to enter into negotiation for the full and final settlement of all historical claims

against the Crown relating to breaches of the Treaty of Waitangi.

2.11. UCT have carefully considered the views of uri of Tamakana, Tamahaki and Uenuku ki

Manganui-o-te-Ao, nā Tūkaihoro feedback received through the submissions process and

at mandate hui. UCT has incorporated this feedback into this Deed of Mandate where

appropriate and will continue to take on board the views of the claimant community as the

Treaty settlement process continues.

2.12. The people of Te Korowai o Wainuiārua connect with a number of Marae in the region. We

acknowledge our Marae and the Marae to which neighbouring groups are affiliated and we

continue to discuss our connections and shared interests with neighbouring groups.

2.13. On 29 June 2015, it was agreed between Uenuku and Ngāti Rangi that it was best to

consider Marae under the concept of ahi kā, Ngāti Rangi having ahi kā over Marae east of

the Mangawhero River and Uenuku having ahi kā over Marae west of the Makotuku River.

It was also agreed that the Marae in between the two rivers were shared. These

agreements are subject to endorsement by Marae.

2.14. The mandate enables UCT to enter negotiations to agree the comprehensive settlement of

all historical Treaty claims of Te Korowai o Wainuiārua with the Crown. An initialled Deed

of Settlement will be presented to the Te Korowai o Wainuiārua claimant community for

ratification. The ratification process, to be approved by the Crown, will provide the uri of

Tamakana, Tamahaki and Uenuku ki Manganui-o-te-Ao, nā Tūkaihoro, with the opportunity

to approve the settlement redress negotiated by UCT. The Deed of Settlement will only be

signed after being ratified by the Te Korowai o Wainuiārua claimant community.

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2.15. UCT will not receive the settlement redress. Following Treaty settlement negotiations, a

new Post Settlement Governance Entity (PSGE) will need to be set up to receive any

redress negotiated by UCT. The claimant community will need to ratify the structure of the

PSGE, as well as the settlement package set out in the initialled Deed of Settlement.

3. Ko Wai Tātou? (Claimant Definition) 3.1. Ancestry

3.1..1. For the purpose of Treaty settlement negotiations, UCT is seeking the mandate to

represent the community of individuals who descend from one or more of the

tūpuna Tamakana, Tamahaki or Uenuku ki Manganui-o-te-Ao, nā Tūkaihoro.

3.2. Constituent Groups

3.2..1. UCT is seeking the mandate to represent every Hapū, whānau or group who trace

descent to the tūpuna listed above, including:

Ngāti Atamira Ngāti Hineraro

Ngāti Hinekoropango Ngāti Hinerua

Ngāti Hinekura Ngāti Kahutuna

Ngāti Kahukurapane Ngāti Kaponga

Ngāti Kahukurapango Ngāti Kura1

Ngāti Kowhaikura Ngāti Ngarongoā

Ngāti Kuratangiwharau Ngāti Pakū

Ngāti Maringi Ngāti Parekītai

Ngāti Matakaha Ngāti Rongotehengia

Ngāti Pare Ngāti Ratuhi

Ngāti Puku Ngāti Ruru

Ngāti Poumua Ngāti Taipoto

Ngāti Rangi ki Manganui-o-te-Ao2 Ngāti Takapupapa

Ngāti Ruakōpiri Ngāti Tamahaki

Ngāti Tamahuatahi Ngāti Taongakorehu

Ngāti Tamakana Ngāti Taumatamahoe

Ngāti Tara Ngāti Tauengarero

Ngāti Tūkaiora Ngāti Te Aomapuhia

Ngāti Tumanuka Ngāti Tuawhiti

Ngāti Uenuku Ngāti Tūhoro

Ngāti Waikaramihi Ngāti Tukapua

Ngāti Whaikiterangi Ngāti Tukoio

1 Ngati Kura is a distant hapu of Tamahaki and separate to Ngati Kurawhatia

2 Ngāti Rangi ki Manganui-o-te-Ao descend from the following tūpuna: Hamuera Kaiōroto, Hāmarama Te Wainga, Rehauna Te Aurere,

Reihana Rangiuraua, Miha Tuatini, Reone Te Maungaroa, Ngarino Te Maungaroa, Peke Rorangi, Mihi Rorangi, Te Akihana Te Pene, Kaiōroto Hamuera, Katarina Parue and Te Hirata Riwha. Current Hapū activities include family gatherings and whakapapa Hui in the vicinity of Pipiriki. Ngāti Rangi ki Manganui-o-te-Ao is discussed in Central Claims Charitable Trust Oral and Traditional History Report (Wai 903, A152, pp.167-8).

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Ngāti Hae Ngāti Tuwharekai

Ngāti Hineiti Rakaetoia

Ngāti Hinekumara Tangatakore

Ō Te Rangitautahi Ngāti Paekawa

3.2..2. UCT is also seeking the mandate to represent five Hapū that affiliate to both Te

Korowai o Wainuiārua and other LNGs. These shared Hapū will only be included

in the mandate to the extent that they trace descent from the tūpuna listed in

3.1. UCT recognises that other entities may seek mandates to represent shared

Hapū to the extent that they descend from the founding tūpuna of other LNGs.

UCT is seeking the mandate to represent the following shared Hapū:

• Ngāti Hau

• Ngāti Hekeāwai

• Ngāti Hinewai

• Ngāti Kurawhatia

• Patutokotoko

3.2..3. UCT is seeking a mandate to represent Patutokotoko insofar as it relates to the

tūpuna listed in 3.1. Patutokotoko was a council of chiefs made up of Hapū who

were related by whakapapa. They were responsible for protecting the awa

Wainuiārua (Whanganui River) and Uenuku lands and travelled extensively in

Aotearoa. Pehi Tūroa was the paramount chief of Patutokotoko and his mana was

known from the mountain to the sea. He commanded many including Hekeāwai,

Ngāti Hāua, Uenuku, Ngāti Takirau, Ngāti Rangiahuta, Tamakaikino, Maruwahine,

Paerangi, Kurawhatia, Rongomaitawhiti, Ruaka and Putiki (for clarity, this list does

not extend the claimant definition for this mandate strategy). Pehi Tūroa resided

in the Manganui-o-te-Ao valley and was often referred to as the Taniwha of

Wainuiārua. Today Patutokotoko is governed by kaumātua and individuals who

have a direct whakapapa to the mana of Pehi Tūroa.

3.2..4. The inclusion of the tūpuna in 3.1. ensures that any Hapū that are currently

inactive are able to be stood up should any member of Te Korowai o Wainuiārua

see fit to do so.

3.3. Area of Interest/Rohe

E rere kau mai ana te awa nui mai i te kāhui maunga ki Tangaroa,

ko au te awa ko te awa ko au.

3.3..1. Te Korowai o Wainuiārua area of interest of Tamakana, Tamahaki and Uenuku

begins on Ruapehu Maunga, Paratetaitonga down the Whakapapa Nui to the

Whanganui River. Then down the Whanganui River to the southern boundary of

the Koiro Block, then to the northern boundary of the Maraekowhai Block and

onto the Taranaki Boundary. The boundary then moves in a south west direction

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along the western boundaries of Maraekowhai Block and Taumatamahoe Block.

Then in a south east direction down the Whakaihuwaka Block then across to the

Whanganui River, down the River to Matahiwi. Then follow the Matahiwi track to

Raukawa Falls then across to Rangiwaea Junction and onto Raketapauma, down

to Mataroa and across to Moawhango. Up the Moawhango River to Lake

Moawhango, then the boundary goes to the Whangaehu River and follows that

river to Te Waiamoe then up to Paretetaitonga.

3.3..2. The map is a draft area of interest and is intended to be indicative only. It will be

refined through the Treaty settlement process.

4. Overlapping Claims 4.1. Neighbouring groups that may have overlapping interests are:

• Ngāti Maniapoto

• Ngāti Tūwharetoa

• Ngāti Hāua

• Ngāti Rangi

• Whanganui

• Mōkai Pātea

• Ngaa Rauru

• Ngāti Ruanui

• Ngāti Maru

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4.2. UCT will take responsibility for engagement and interaction with neighbouring groups

regarding overlapping interests.

5. Claim Definition (Wai Claims) 5.1. UCT will negotiate all historical Treaty of Waitangi claims of Te Korowai o Wainuiārua,

whether registered with the Waitangi Tribunal or not, for Crown breaches of the Treaty of

Waitangi that occurred prior to 21 September 1992.

5.2. Wai claims included in the draft deed of mandate to be represented by UCT are:

• Wai 73 A claim made by Sonny Pehi, Te Mataara Pehi, Sharon Te Paea

Patrice Pehi and Tira Natalie Lynnette-Leed.

• Wai 458 A claim made by Richard Ngarirena Marumaru, Ngaire Williams

and Karina Williams.

• Wai 836 A claim made by Vivienne Joan Parihita Kopua, Patricia Henare

and Tira Taurerewa.

• Wai 843 A claim made by Barbara Lloyd.

• Wai 954 A claim made by Raymond Rapana and Rangi Bristol.

• Wai 1072 A claim made by Matiu Haitana.

• Wai 1073 A claim made by Chris Ngataierua.

• Wai 1084 A claim made by Matiu Haitana, Don Robinson, Rangi Bristol and

Raymond Rapana.

• Wai 1170 A claim made by Rangi Bristol, Raymond Rapana and Matiu

Haitana.

• Wai 1181 A claim made by Maria Annette Perigo.

• Wai 1189 A claim made by Kahukura Taiaroa.

• Wai 1192 A claim made by Dean Hiroti, Aiden Gilbert and Patrick Te Oro.

• Wai 1197 A claim made by Matiu Haitana.

• Wai 1202 A claim made by Rangi Bristol, Raymond Rapana, Dean Hiroti,

Geraldine Taurerewa, Ngaire Janice Williams, S.K. Taiaroa, Rufus

Bristol, Marilyn Mako, Rosita Dixon and Matiu Haitana.

• Wai 1224 A claim made by Robert Wayne Cribb and Marina Ruuma

Williams.

• Wai 1261 A claim made by Aiden Gilbert.

• Wai 1388 A claim made by Rangi Bristol, Raymond Rapana, Matiu Haitana,

Aiden Gilbert, Garth Hiroti, Patrick Te Oro, Kahukura and Eleanor

Taiaroa and Wairata Te Huia.

• Wai 1393 A claim made by Phillip Ponga, Sharlane Winiata and Geraldine

Taurerewa.

• Wai 1394 A claim by Kura Te Wanikau Tahana.

• Wai 1633 A claim by Kahukura Taiaroa.

• Wai 1738 A claim made by Rufus Bristol.

• Wai 2203 A claim made by Raymond Rapana and Robert Wayne Cribb.

• Wai 2204 A claim made by Gabrielle Whitu and Robert Wayne Cribb.

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5.3. The following Wai claims relate to Te Korowai o Wainuiārua in part only. Only the parts of

these Wai claims that relate to Te Korowai o Wainuiārua will be covered by the mandate

and will be negotiated by UCT. This will not extinguish these Wai claims, and they will still

be able to be included in other claimant definitions as Wai claims to be settled in part. They

are:

• Wai 48 A claim made by Te Aroha Ann Ruru Waitai and Kevin Amohia.

• Wai 81 A claim made by Te Aroha Ann Ruru Waitai and Kevin Amohia.

• Wai 146 A claim made by Hikaia Amohia and Kevin Amohia.

• Wai 1673 A claim made by Hikaia Amohia, Archie Te Atawhai Taiaroa,

Rumatiki Linda Henry, Kevin Amohia, Hoana Joan Akapita, Te Turi

Julie Ranginui, Brendon Puketapu, Michael Potaka, John Maihi

and Rangipo Metekingi.

• Wai 221 A claim made by Joan Akapita and Don Robinson.

• Wai 428 A claim by the Chair and Committee of Management of Pipiriki

Incorporated and other blocks.

• Wai 555 A claim by Robert Wayne Cribb.

• Wai 759 A claim by Meterei Tinirau.

• Wai 1191 A claim by Eleanor Taiaroa, Wairata Te Huia and Margaret Maki

Edwards.

• Wai 1229 A claim made by Selwyn Brown, Tahiwi Tiunga Peni, Karina

Williams, Thomas and Margaret Waara, Rex Peni, Gloria King,

Rangi Bristol, Wayne Waara, Michael Marumaru, Paul Marumaru

Lance Ruke, Brian Ruke and David Wiari.

• Wai 1594 A claim made by Geraldine Taurerewa.

• Wai 1607 A claim made by Erina Rawinia Keepa Pucher, Adrian Maximilian

Keepa Pucher, Don Edward Robinson and Bobby Gray.

6. Charitable Trust Structure 6.1. Who is Uenuku Charitable Trust (UCT)?

6.1..1. Uenuku Charitable Trust is a registered charitable trust incorporated under the

Charitable Trusts Act 1957. Following a Hui-ā-Iwi, UCT was established in 2014 to

enable the adequate provision of services to ensure the economic, social,

cultural, and educational development of the claimant community and to lead

treaty settlement claims. There are 38 seats available on the Board of Trustees

including 26 Hapū, 3 Marae, 3 Wai claimants, 3 uri and 3 rangatahi seats.

6.1..2. On 12 July 2015 at the inaugural Annual General Meeting and a subsequent

Special General Meeting on 23 August 2015, the following Trustees and Officers

were ratified for a three-year term.

TRUSTEE CONSTITUENT SEAT

Aiden Gilbert (Chairman) Ngāti Tara

3 Wai 167 is well known as the claim for the Whanganui River Inquiry. It also raises wide-ranging issues throughout the Whanganui district including, for example, claims relating to the Native Lands Acts. Wai 167 is appropriately included to the extent it relates to land in central Whanganui and claims in part relating to Te Korowai o Wainuiārua.

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Moana Dawson (Secretary) Ngāti Maringi

Mahanga Williams Ngāti Tamakana

Kura Wanikau-Turoa Patutokotoko

Don Robinson Wai Claimants

Caroline Heta Ngāti Uenuku

Rayma Bryers Northern Uri

Clyde Connell Ngāti Tūkaiora

Lesley Edmonds (Treasurer) Marae (Raetihi Pā)

Matiu Blackburn Marae (Makaranui Papakāinga)

Tina Wallace Ngāti Rangi ki Manganui-o-te-Ao

Renee Wanikau Ngāti Atamira

Sonny Tonihi Southern Uri

Kawana Wallace Rangatahi

Katrina Taura-Hiri Central Uri (since resigned)

Robert Cribb Wai Claimant

Peter Anderson Ngāti Tauengarero

Alexia Tira Ngāti Pare

Paora Haitana Ngāti Hinekura

Please note: there are 15 Hapū seats; 1 marae seat; 1 Wai claimant

seat; 1 uri seat and 2 rangatahi seats vacant on the Board of

Trustees.

6.1..3. UCT will hold Annual General Meetings to appoint Trustees and to report back to

the people on its business, including presenting audited financial statements. The

next AGM scheduled for September 2016 will include an election process for the

remaining vacant Trustee seats as noted in the above table

6.1..4. Trustee responsibilities include:

Complying with the duties and obligations of trustees including the

statutory obligations as set out in the Trustee Act 1956;

Governance of Uenuku on behalf of the members of the Iwi and in

accordance with the Trust Deed;

Appointment and removal of representatives on sub-committees, working

groups and other associated entities;

Administration of funds and property vested in the Trust in accordance with

the Trust Deed;

Overall governance of Te Korowai o Wainuiārua and the Treaty negotiations

of the central Whanganui Large Natural Group with the Crown. Trustees

will sign off all important documents such as Deed of Mandate, Terms of

Negotiation, Agreement in Principle and draft Deed of Settlement. In

regards to the Deed of Settlement, the approval of the claimant community

will be required through the formal ratification process.

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6.1..5. Trustees meet on a monthly basis and the quorum is ten (10) Trustees. All

questions and matters arising at meetings of the Trustees are decided by

majority resolution of the Trustees. Trustees can call special general meetings in

accordance with the Trust Deed as required. A copy of the Trust Deed is

appended as Appendix B.

6.1..6. UCT is engaged with other claims on behalf of Uenuku including Tongariro

National Park and Taurewa Forest.

7. Responsibilities and Accountabilities 7.1. Appointing, replacing and removing UCT trustees

7.1..1. The appointment, replacement and removal of UCT trustees is set out in more

detail in the UCT Representation Protocol appended as Appendix C. The

protocol is comprehensive and allows for the tino rangatiratanga of each Hapū

and Marae.

7.1..2. A review of the UCT Representation Protocol commenced in September 2015.

7.1..3. UCT trustees will hold office for no longer than three years before facing re-

election unless he or she is removed as a mandated representative by the group

he or she represents or by a Board resolution supported by the majority

of trustees present if, in the opinion of those parties, the continuation in office

of that trustee would not be in the best interest of UCT.

7.2. Engaging and Reporting back to the Claimant Community

7.2..1. UCT has adopted an Engagement Strategy to continue the consultation process

for developing Te Korowai o Wainuiārua readiness for negotiations. This is an

interim strategy until a mandate is conferred by the Crown, and the Treaty

negotiations structure has been established. The strategy is primarily targeted at

all Te Korowai o Wainuiārua members as well as internal and external

stakeholders. The objective is to keep the claimant community informed and

provide the opportunity to be involved. A copy of the Engagement Strategy is

appended as Appendix D.

7.2..2. Reporting in relation to the mandate and settlement process will be as follows:

Monthly Board of Trustees hui at Marae;

Updates at annual and special general meetings and Hui-ā-Iwi;

Pānui emailed and posted on social media;

Website – www.uenuku.iwi.nz which includes a dedicated Treaty Updates

section and a calendar to alert the Te Korowai o Wainuiārua claimant

community of upcoming events;

Quarterly newsletter;

Internal and external consultation hui as required.

http://www.uenuku.iwi.nz/

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7.3. Financial Accountability

7.3.1 Financial management of the settlement process occurs under UCT’s financial

policies and procedures. This includes completion of budgets, forecasts and

financial monitoring, payment approval, recording and monthly reporting.

7.3.2 Banklink via UCT’s Accountant is the accounting package used by UCT. UCT also

utilises its Accountant to complete the annual financial statements, coordinate

the auditor and provide specialist advice, as and when required.

7.3.3 UCT has separate bank accounts to hold OTS and Crown Forestry Rental Trust

funding for the comprehensive settlement negotiations process.

7.4. Advisors

7.4..1. UCT will utilise advisors where appropriate and when required. UCT will use its

best endeavours to utilise internal resources and capacity within Hapū groups

where appropriate. There will be a need for specialist advisors during the

settlement process. One of the criteria UCT will apply to using external advisors

will be their ability to help build capacity within Te Korowai o Wainuiārua to

ultimately reduce the need to use external resources.

7.5. Te Kaunihera Kaumātua o Uenuku

7.5..1. UCT will support a council of elders who may be consulted to seek guidance in

relation to matters of tikanga, whakapapa and any other matter. Kaumātua may

attend and participate in UCT meetings in an advisory capacity as of right.

7.6. Trust Deed Review

7.6..1. UCT is committed to reviewing the Trust Deed within 3 years to ensure it is

operating effectively and to consider whether any changes or additions are

required to the Trust Deed and the policies and procedures of UCT.

7.6..2. The review commenced in September 2015.

8. Tribal Register 8.1. The 2013 Census does not provide population data for Tamakana, Tamahaki or Uenuku ki

Manganui-o-te-Ao, nā Tūkaihoro. Population from these tūpuna are recorded with other

Whanganui Iwi as Te Āti Haunui-a-Pāpārangi. The 2013 combined population is 11,691.

8.2. The UCT register of Tamakana, Tamahaki and Uenuku uri is currently 2,178. The actual

population of Uenuku and Te Korowai o Wainuiārua is undoubtedly larger and UCT is

confident it will develop effective strategies to allow all members of TkoW to register and

be counted.

8.3. UCT holds a tribal register of beneficiaries of Uenuku. UCT also holds a whakapapa

registration register for those members of the Te Korowai o Wainuiārua claimant

community who choose not to register with UCT.

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8.4. Registration forms for both registers are available on the Uenuku website and from the

UCT Office. A copy of both forms is attached and appended Appendix E & F. UCT will

continue to actively encourage uri to register.

8.5. Registrations are validated by the Whakapapa Committee established by UCT. The

Committee’s role is to:

Determine in respect of any application by any person who wishes to be a registered member that the person descends by whakapapa from Tamakana, Tamahaki or Uenuku ki Manganui-o-te-Ao, nā Tūkaihoro;

Protect the mana of these tūpuna and the Te Korowai o Wainuiārua claimant community;

Provide advice to UCT on matters relating to whakapapa.

8.6. A registered member can apply to be removed from the tribal register in writing to UCT.

8.7. UCT will comply with the provisions of the Privacy Act 1993 in relation to personal

information held on the tribal register.

9. Treaty Negotiation Structure 9.1. UCT will establish the following working groups to ensure that all interests are represented

during Treaty negotiations:

Claims Committee – to provide strategic direction and leadership on the

implementation of Treaty plans and to consider and make recommendations;

Research Committee – a focus group of researchers headed by an experienced

historian/researcher;

Negotiators – a team of 3 – 5 negotiators will be appointed to work through the details

of a Treaty settlement package with the Crown.

9.2. These working groups will be sub-committees of UCT. UCT intends that the working groups

will include representation from:

Tamakana;

Tamahaki;

Uenuku;

Waitangi Tribunal Claimants;

Kaumātua.

9.3. UCT will run an open and transparent process to appoint members to the above working

groups. Appointments to the working groups will be made by resolution of the UCT Board

of Trustees.

9.4. If a genuine dispute arises in relation to the replacement, removal or appointment of

working group members the parties shall endeavour to resolve the dispute in good faith

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between them. If the parties are unable to resolve the matter by negotiation, the UCT

Disputes Procedure shall apply as set out in Section 12.

10. Mandate Hui 10.1. Seeking Mandate

10.1..1. UCT initiated discussions with OTS on seeking the mandate to represent the

central Whanganui LNG in August 2014.

10.1..2. A draft Mandate Strategy was developed and publicly advertised in December

2014 for submissions before proceeding to formal mandate hui.

10.2. Number and Location of Mandate Hui

10.2..1. The initial tribal roadshow held mid-2014 and consideration of the tribal register

determined the following locations:

Date Venue and Location Date Venue and Location

Fri 26 June Hokonui Marae,

Gore

Sat 4 July Kihikihi Bowling Club,

Kihikihi

Sat 27 June Te Hohepa Te Kohanga Reo,

Christchurch

Sun 5 July Holiday Inn,

Auckland

Sun 28 June Airport Motel,

Wellington

Fri 10 July Kingsgate Hotel,

Whanganui

Thu 2 July Angus Inn Hotel,

Hastings

Sat 11 July CANCELLED - FLOODING

Pipiriki

Fri 3 July War Memorial Hall,

Taumarunui

Sun 12 July Raetihi Pā,

Raetihi

10.3. Mandate Hui Notification

10.3..1. Notice for the mandating hui was given in national and local newspapers as set

out in the table below as appended as Appendix G.

NEWSPAPER DATE PUBLISHED

NZ Herald Sat 13 June 2015

Dominion Post Sat 13 June 2015

Wanganui Chronicle Sat 13 June 2015

Ruapehu Bulletin Tue 16 June 2015

10.3..2. The Hui was also notified on the following places at least two weeks before the

date of the first Mandate Hui:

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on the UCT website www.uenuku.iwi.nz

Uenuku Facebook page

on AWA FM

10.3..1. The pānui clearly stated the purpose of the Hui is for members of Te Korowai o

Wainuiārua to receive information before voting on the Mandate.

10.3..2. A copy of the Mandate Presentation appended as Appendix H was provided at

Hui, which was approved by the Crown, covering the following matters:

Purpose of Hui – information about UCT’s intention to obtain a Crown-recognised

mandate.

Representation/structure – the structure of UCT and the Te Korowai o

Wainuiārua collaboration was explained to participants.

Treaty settlement process – an overview of the Crown settlement policy was

provided.

Claimant Definition and Claims Definition – the Claimant Definition and Area of

Interest was provided with a list of claims to be settled.

Mandate voting process – the mandate and voting process was explained with a

feature of the voting a Register to Vote for those who wished to vote but did not

wish to do so as a beneficiary of UCT.

10.4. Information provided in voting pack

10.4..1. The following documents were posted to all registered beneficiaries prior to the

mandate voting period opened.

Private Notice – cover letter with voting instructions;

Pathway to Settlement – mandate information brochure;

Voting Paper – with unique voter code and password.

10.5. Record of Hui

10.5..1. Minutes and attendance registers were taken at each Hui.

10.6. Independent Observers

10.6..1. Crown observers from Te Puni Kōkiri (TPK) were present at all mandate hui. The

TPK observer was required to report on each hui to OTS. The summary report of

these hui is appended as Appendix I.

10.7. Independent Returning Officer

10.7..1. All votes were counted by an Independent Returning Officer.

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11. Voting Process 11.1. All members of Te Korowai o Wainuiārua aged 18 years and over, whether registered with

UCT or not, were eligible to vote. Each eligible voter was required to vote on the resolution

using their voting method of choice.

11.2. Te Korowai o Wainuiārua members were able to vote in three ways:

Postal voting using prepaid return envelopes;

Online voting using a unique identifier;

Voting by using ballot boxes at mandate Hui.

11.3. Final Declaration of Result

11.3..1. The final declaration of result is attached as Appendix A. The result for the

Resolution is shown below:

Resolution

That Uenuku Charitable Trust is mandated to represent Te Korowai o Wainuiārua

in negotiations with the Crown for the comprehensive settlement of all historical

Treaty of Waitangi claims that relate to Te Korowai o Wainuiārua.

Votes Received

YES/AE 321 (82.10%)

NO/KAO 70 (17.90%)

A majority (being 82.10%) of those voting on the Resolution voted YES/AE.

The voter return was 48.03%, being 391 votes received from 814 eligible voters,

of which 45.78% voted by post or at a hui and 54.22% voted on the internet.

12. Disputes Resolution 12.1. If a genuine dispute arises between members of Te Korowai o Wainuiārua and UCT, the

parties shall endeavour to resolve the dispute in good faith between them. If the parties

are unable to resolve the matter by negotiation the UCT Disputes Procedure shall apply as

appended at Appendix J.

13. Withdrawal of Mandate from the Mandated Body 13.1 The mandate can be withdrawn from UCT if the mandated group no longer enjoys

the support of the claimant community. A letter must be written by the claimant

community representatives to the Chair of the mandated body identifying the

concerns and also seeking a meeting to discuss these matters.

13.2 The letter must be co-signed by at least 51% of the number of adult members (aged

18 years and over) who voted on the mandate.

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13.3 If the meeting between the claimant community representatives and the Chair of

the mandated body does not resolve the concerns, then the claimant community

may organise a series of publicly notified Hui.

13.4 The publicly notified Hui should follow the same process that conferred the

mandate, with at least 14 days notice in national and regional print media which:

outlines the kaupapa of the notified Hui;

the background to the concerns;

the parties involved;

the resolution to put to the claimant community; and,

an independent Crown observer is invited to observe and record proceedings.

13.5 Once the Hui have been completed and the outcome of the voting process

determined then the mandated body should inform OTS by way of letter about the

result and to discuss next steps for settlement negotiations. This may involve some

changes to the mandated body or another process to be undertaken as agreed with

officials.

13.6 Once the Hui have been completed and the outcome of the voting process

determined then the mandated body should inform OTS by way of letter about the

result and to discuss next steps for settlement negotiations. This may involve some

changes to the mandated body or another process to be undertaken as agreed with

officials.

13.7 Should members of the claimant community raise concerns that do not meet the

requirements for removal and/or amendment of the mandate set out in this section,

the mandated body will develop a plan to address those concerns, in discussions

with OTS, and seek to resolve such concerns including considering whether any

changes to the mandate are needed.

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List of Appendices

Appendix A – Mandate Vote – Final Declaration of Result

Appendix B – UCT Trust Deed

Appendix C – UCT Representation Protocol

Appendix D – UCT Engagement Strategy

Appendix E – UCT Registration Form

Appendix F – Te Korowai o Wainuiārua Whakapapa Form

Appendix G – Mandate Hui Public Notification

Appendix H – Mandate Hui Presentation

Appendix I – TPK Mandate Hui Observer Summary Report

Appendix J - UCT Disputes Procedure